This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The litigation that has unfolded in the past year foretells the downstream implications of the Supreme Court ruling, particularly for trademark dilution law.
The majority of 2024 was a quiet year for design patent cases at the Court of Appeals for the Federal Circuit. design patents: one Rule 36(a) affirmance, two decisions involving litigation misconduct, one affirmance of an Examiners (and Boards) rejection, and one en banc decision that overturned more than 40 years of obviousness case law.
In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.
Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. when the mask work is involved in litigation.
A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.
Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” But, as popular as the app is, it has also been highly divisive with many fashion designers accusing it of selling inferior rip-offs of their work.
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially. That trend has continued in 2022.
In the fast-paced and competitive world of furniture and design, where partnerships and innovations flourish, but consumers attention is increasingly divided, legal disputes are increasingly common. By: ArentFox Schiff
Enrico Schaefer, Copyright & Litigation Attorney. Even in situations where a business owner contracts a third-party web designer to build their website, both the business and the web designer can be held liable for copyrights violated if they are used on your website. Infringement can be willful or accidental.
Need another reason to secure and enforce design patents? Design patents offer a unique additional remedy in district court litigation: profit disgorgement. See 35 U.S.C. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario!
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.
Design Patent No. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the United States District Court for the Southern District of California granting summary judgment in favor of Golden Eye Media USA Inc (GEM) over Evo Lifestyle Products Limited, formerly known as Trolley Bags UK Ltd (TB UK) after holding TB UK’s U.S.
Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. In particular, Section 1213.2
We’re pleased to inform you that LexisNexis is conducting a workshop on ‘Biosimilar IP Landscaping & 351(k) Litigation’ on 2nd September, 2022. Join LexisNexis Live Workshop: Biosimilar IP Landscaping & 351(k) Litigation. Assessment of design around opportunities. Identify in-licensing patent assets.
Over the past decade, Brazil has seen an increase in patent litigation, as the local economy grows and stabilizes. Although the case involves industrial design, the court’s opinion contains non-precedential statements that are applicable to patent cases.
The court doesn’t buy it: “even though Plaintiff’s counsel took a maximalist approach to this litigation, their efforts led to what can only be described as a suboptimal, and yet predictable, result.” However we get there, the overall litigation enterprise here makes no economic sense. Kalita Mukul Creative Inc.
Next up today, Andy Maxwell at Torrentfreak writes that a group of movie studios have won a key victory in their ongoing litigation against the pirate site PrimeWire with a court ordering that the site’s domains be seized. Neither Dan + Shay or Justin Bieber had any comment on the lawsuit.
Do defendants and the court have the right to ask who is funding a particular patent litigation? The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. The issue arose as a result of two standing orders issued by Judge Connolly.
GM Global Technology Operations, which affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious. Patent D855,508 covers a “vehicle front skid bar.”
Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures.
The United States Patent and Trademark Office (USPTO) stayed active over the holiday period with several big announcements, and today Director Kathi Vidal continued that trend by designating as precedential the December 21 decision in Apple v. Zipit Wireless.
All three cases are part of consolidated multi-district litigation in the Northern District of West Virginia. This latest ruling stands in contrast to the court's January 2025 decisions upholding preliminary injunctions against Samsung Bioepis and Formycon, effectively blocking their biosimilar launches. Each appeal involves the same U.S.
In recent years design patents have come to have a more vital role in the intellectual property landscape. Design patents protect the ornamental aspects of Continue reading
With its intuitive design, InnovationQ simplifies data analysis, enabling users to review search results and document previews side-by-side, accelerating decision-making in competitive research and defensive publishing.
The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. As a practical matter, given the litigation risks associated with the impact assessments, a business’ lawyers will control those processes–with associated delays, expenses, and prioritization of risk management instead of improving consumer experiences.
An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. Has the Chinese Patent linkage framework worked as designed? Wenzhou Haihe Pharmaceutical Co.,
states, including Texas, is no stranger to litigation in the Lone Star state. . § 1404(a), which allows for the transfer of cases for the convenience of the parties and in the interest of justice. Microsoft, a multinational corporation with a significant presence in many U.S.
design patents are now being taken more seriously. Once an afterthought for IP rights filers, U.S. Several businesses that are based outside of the U.S. increased Continue reading
Unitary character of EUTMs and designs The notion of unitary right (or “unitary character”) comes from EU trade mark (EUTM) and design law. 1(3) Design Regulation. The unitary character of EUTMs and designs is embodied at the levels of both protection and enforcement. 80-81 Design Regulation. Following Art.
Whether by pure coincidence or meticulous design, each type of offending alleged in the complaint relates to fairly common individual acts that, in isolation, millions of gamers will be familiar with already. Upon commencement of a litigation, litigants have a duty to preserve evidence relevant to the case,” the email reads.
However, that prompted the Public Citizen Litigation Group to step in. In addition to those issues, NetEase also claims that Tencent ripped off their app and interface designs. The Watch Tower filed a lawsuit against him in 2018 and has attempted to use DMCA subpoenas to unveil his identity.
According to Anderson, she trained Roup in the techniques and Roup has gone on to offer her own services, leading to a lawsuit over alleged copyright infringement, false designation of origin, breach of contract and unfair competition claims. 2: No, Minors Can’t Just “Opt Out” of Destiny 2’s Anti-Cheating Provisions.
For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.
If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. We need more of that.
They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks. As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. By: Wolf, Greenfield & Sacks, P.C.
The rules establish procedures for designating service agents for receiving notices of initiated proceedings at the CCB, as well as opt-out procedures for libraries, archives and any claimants who are notified of class action litigation filed in U.S. district court covering their own copyright claim.
Regeneron filed an eighth BPCIA litigation (Case No. 2:24-cv-08760 (D.N.J.)) related to an EYLEA® (aflibercept) biosimilar, against Sandoz’s Enzeevu™ (aflibercept-abzv). By: Venable LLP
In many cases, manufacturing IP may be easy for any potential competitor, generic or biosimilar company to design around. It is challenging for generics and biosimilars to design around a drug substance patent, given that regulatory approvals are tied to the drug substance itself.
The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. That’s by design–the DMCA was designed to resolve matters outside of court. Defamation.
In May, the Federal Circuit eliminated the long-standing test for design patent obviousness. In its place, the Federal Circuit emphasized a flexible approach to the design patent obviousness analysis, grounded in the Graham factors.1 1 This is a big change in design patent law. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
are again in litigation over their crossing business of manufacturing and selling valves and pipe fittings. Green Leaf’s various word marks and a design mark are registered in the United States Patent and Trademark Office under Nos. Indiana-based companies, Banjo Corporation and Green Leaf, Inc.,
Dubbed DeviantArt Protect and Launched in July 2021 , the system was originally designed to help artists detect duplicates or near-duplicates of their images on the internet. We’ve seen mass litigation efforts, commonly referred to as “copyright troll” operations , speculative invoicing and much more. Bottom Line.
Albright sitting by designation, vacated and remanded an award of attorneys’ fees to the defendants. In Realtime Adaptive Streaming LLC v. Sling TV, LLC, et al., LEXIS 21348 (Fed. 23, 2024), the Federal Circuit, in an opinion authored by Judge Alan D. Although the district court had determined the case was exceptional under 35 U.S.C. §
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content